KUALA LUMPUR: Former Law Minister Datuk Zaid Ibrahim said Section 36 of the MACC Act, which empowers the graft busters to go after a person to explain their wealth, was a flawed legislation.
He said it was time Members of Parliament (MPs) relook the legislation at the next parliament sitting.
"Section 36 empowers the MACC to compel anyone they desire to declare where they got the money to buy a new Bentley or an apartment in Damansara Heights.
"This is their (MACC) way of dealing with corruption and abuse of power.
"If you refuse to comply, you can go to jail for up to five years... It is an unfair and unreasonable law to me, though," he posted on his X account.
Zaid said MPs not under the MACC radar may be happy with the law but they would sing a different tune if Section 36 was used to go after them.
"This law has been in our books for the last 13 years, yet our Parliamentarians are pretty happy with it.
"They have not, obviously, been served with the notice to explain their wealth."
Zaid justified his views against Section 36 by likening it to a nosy neighbour who encroaches on one's privacy.
"If my nosy neighbour enquires where I have money to buy a new car, it's none of his business.
"It's my right to have privacy so no one should encroach on my domain.
"Should the MACC be treated differently from my nosy neighbour?," he said, adding MACC queries would only be justifiable if one had committed a criminal offence under the MACC Act.
He said MACC must have reasonable grounds to warrant an application of the section to order people to disclose their unexplained wealth.
"They must have started an investigation and reasonably believe an offence has been committed.
"But here in our country, the test of whether MACC has begun an investigation and whether MACC has reasonable grounds to compel the issue of the notice depends on the MACC itself," he said.
Zaid said in Britain and many other places, the order to compel the production and disclosure of assets or financial records of unexplained wealth of suspected criminals is by the court and not the investigating authority.
He said this ensures proper oversight so no one can harass or intimidate their political opponent.
He added that MPs must be careful when approving criminal laws that may infringe on the rights of innocent people.
"We must have safeguards against improper and excessive use of investigative powers.
"Laws must always be fair and just in their application...that's why we have judges to arbitrate what is reasonable and appropriate," he said.
Zaid said in local culture, civil servants - including investigating officers, have too much deference to political masters and this makes them an easy target to be "weaponised".
He said MPs should have a serious look at Section 36 at the next parliamentary sitting.
"You never know when you will be served with the notice to explain where you got the money to buy the house for your third wife thirty years ago," he ended his post with a tongue in cheek jibe.
It was reported that former finance minister Tun Daim Zainuddin's wife Toh Puan Na'imah Abdul Khalid was yesterday charged with failure to declare her assets to the MACC.
The 67-year old however pleaded not guilty to the offence.